Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698942309973.pdf (South Africa)
Tuesday, 20 June 2023] A 67 No 27 – 2023] FIFTH SESSION, SIXTH PARLIAMENT REPUBLIC OF SOUTH AFRICA ____________ MINUTES OF PROCEEDINGS OF NATIONAL COUNCIL OF PROVINCES ____________ TUESDAY, 20 JUNE 2023 1.

The Council met at 14:07.

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The Deputy Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.

The Deputy Chairperson announced that the hybrid sitting constituted a Sitting of the National Council of Provinces.
[14:11] Notices of motion.
[14:17] Mr S J Mohai moved without notice: That the Council – (1) notes that as the nation, we celebrated the 81st birthday of President Thabo Mbeki; (2) (3) (4) further notes that President Mbeki is a living embodiment of the principles that are rooted in the values of our liberation struggle and organization, the African National Congress and its fraternal structures; central to this principle is the people as the motive force of transformation and that all our efforts as representatives of society should be on the interest of the people; notes that through his birthday celebration a reflection is made which gives hope to the nation and most particularly the youth who are invited in numbers as leaders of today and tomorrow; (5) notes that President Mbeki has made a tremendous contribution in building a better continent and the world; MINUTES: NATIONAL COUNCIL OF PROVINCES NO 27 – 2023 A 68 (6) (7) [Tuesday, 20 June 2023 acknowledges his continued efforts to ensure peace and development of the African Continent and its people; that we should continue to build a better world through strengthening South to South Relations and transforming Multilateral institutions; and (8) wishes President Mbeki good health as we continue to support his efforts and embrace the noble contribution of this son of the African soil.
Motion agreed to in accordance with section 65 of the Constitution.

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[14:18] Ms N Ndongeni moved without notice: That the Council – (1) notes a major step to help broker a peace deal to end the war between Russia and Ukraine; (2) further notes that the African delegation of Presidents and officials from six countries, which was led by President Cyril Ramaphosa, President Macky Sall of Senegal, President Hakainde Hichilema of Zambia, and President Azali Assoumani of the Comoros, who is also the current chairman of the African Union, met with the President of Ukrainian, Volodymyr Zelensky in Kyiv, Ukraine and the President of Russian, Vladimir Putin in St. Petersburg, Russia to mark the continent’s attempt to help broker a peace deal to end the war between Russia and Ukraine; and (3) welcomes and expresses support to the initiative of the African Leaders to broker a peace deal between Ukraine and Russia.
Motion agreed to in accordance with section 65 of the Constitution.

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[14:19] Mr G Michalakis moved without notice: That the Council – (1) (2) (3) (4) (5) notes that sewage is currently flowing into the natural water streams in Hennenman in Matjhabeng Municipality; further notes that such sewage leaks not only contaminate the nearby Erasmusspruit, but also the Sand River, from which water is provided for Virginia and the surrounds; further notes that the contaminated water and sewage spills also have a profoundly negative effect, to such an extent that the Hennenman Farmers Union wrote to the Minister of Water & Sanitation and the Minister of Environmental Affairs about the matter as they received no response from the Municipality; further notes that agriculture is a key sector in the area and that clean water and a clean environment are basic human rights; and calls on the Ministers of Water and Sanitation and Environmental Affairs to both intervene urgently in this situation to address the sewage leaks and to protect the further contamination of these water resources.
Motion agreed to in accordance with section 65 of the Constitution.

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[14:23] Ms L C Bebee moved without notice: That the Council – MINUTES: NATIONAL COUNCIL OF PROVINCES NO 27 – 2023 Tuesday, 20 June 2023] A 69 (1) (2) (3) (4) notes with sadness the untimely passing of Mama Nontombi Dorris Skhosana, who was laid to rest on 20 May 2023; further notes that comrade Skhosana was a dedicated freedom fighter who worked for the Giffiths Mxenge law firm and worked for the ANC before joining the ANC military wing in exile; also notes that when she came back from exile, she worked in community structures that were created to empower the community hence she became the founding director of the Community Internship Programme that was based at the University of KwaZulu–Natal; further notes that she represented the ANC as a Member of Parliament in the National Assembly and later in the Legislature where she served in the Premier’s portfolio committee; and (5) therefore, send out heartfelt condolences to the family, friends and her organization the African National Congress.
Motion agreed to in accordance with section 65 of the Constitution.

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[14:24] Ms C Visser moved without notice: That the Council – (1) (2) (3) (4) (5) notes the state failure of the current Ditsobotla Municipality through its inability of a unit of government to adequately implement statutory obligations, the appropriate policies and strategies needed to avert a catastrophe that is brewing in all communities with failure to deliver its services; notes that Ditsobotla Municipality does not have the ability to self-correct and restore governance capacity to the benefit of the community and the economic and agricultural hub; further notes with concern that an outstanding creditors balance of R4,4 billion followed by an action of the creditors to impound all vehicles and equipment.
Due to outstanding creditor debt not covered by the auction, creditors will now impound municipal land to settle outstanding debt; notes that the Financial Recovery Plan from National Treasury is still not adopted by the NWPG; and that section 139(1)(c) intervention failed its function dismally as Ditsobotla communities are again subjected to severe political instability.

Motion agreed to in accordance with section 65 of the Constitution.

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[14:26] Mr Z Mkiva moved without notice: That the Council – (1) notes with utter dismay the ruthless and senseless slaughter of 37 people, abduction of six others and injuring of eight, including dozens of pupils in an attack on a secondary school near Uganda’s border with the Democratic Republic of Congo; MINUTES: NATIONAL COUNCIL OF PROVINCES NO 27 – 2023 A 70 (2) [Tuesday, 20 June 2023 further notes that this heinous and unconscionable act of violence against innocent children follows another massacre of up to 80 students at another school in the same region by Allied Democratic Forces, which is an extremist group that operates from parts of Ituri and North Kivu in the Democratic Republic of Congo, terrorising locals and sometimes crossing into Uganda; and (3) takes this opportunity to join the global condemnation of this heinous and unconscionable act of violence against innocent children.
Motion agreed to in accordance with section 65 of the Constitution.

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[14:32] Mr F J Badenhorst moved without notice: That the Council – (1) (2) (3) notes with great appreciation the excellent work done by the Overstrand Municipality during the course of the storms which ravaged the region over the past week; notes that in particular the Mayor and Deputy Mayor of the Municipality, Cllrs Annelie Rabie and Lindile Ntsabo, led the disaster management initiatives to ensure that residents remained safe and informed of developments; further notes that the Western Cape Disaster Management Centre, under the leadership of MEC for COGTA, Dr Anton Bredell played a significant role in these efforts providing resources and effective communication to citizens affected; and (4) lastly notes with great pride the difference that a well - run DA municipality can make in the lives of all its residents during times of great danger and peril.
Motion agreed to in accordance with section 65 of the Constitution.

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[14:33] Ms M Bartlett moved without notice: That the Council – (1) (2) note with a great sense of shock and sadness, the untimely passing away of Hon Tina Joemat-Petterson, Chairperson of the Portfolio Committee of Police in the National Assembly; further notes with concern the untested media speculations surrounding the circumstances of her death which continues to inflict emotional harm to her family, friends and comrades; (3) extend our support to the family in their struggle to find closure during these trying times; (4) (5) calls on the media to report with sensitivity and care on this matter and desist from making untested speculations that only serve to inflict more pain to the family; and extend our heartfelt condolences to the family, the ANC, friends and comrades of comrade Tina Joemat -Peterson.
Motion agreed to in accordance with section 65 of the Constitution.

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[14:34] Ms C Labuschagne moved without notice: That the Council – MINUTES: NATIONAL COUNCIL OF PROVINCES NO 27 – 2023 Tuesday, 20 June 2023] A 71 (1) (2) (3) (4) recognises that the World Cetacean Alliance (WCA) announced that Plettenberg Bay has been awarded Whale Heritage Site Status; notes that Plettenberg Bay joins the Bluff and Algoa Bay as the third Whale Heritage Site in South Africa, and one of only seven fully accredited whale heritage sites worldwide; further notes that the Whale Heritage site programme is an initiative created by the WCA and supported by the World Animal Protection, which recognises destinations around the world where coastal communities work together to protect, respect and celebrate cetaceans and their habitats; further notes that the annual Plett Ocean Festival inspires the local community and visitors alike to appreciate and preserve this precious marine system while research projects based in Plettenberg Bay carry out valuable conservation work year-round; and (5) would like to congratulate the steering committee and community of Plettenberg Bay on their achievements and continuing efforts to protect cetaceans and the marine environment.
Motion agreed to in accordance with section 65 of the Constitution.

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[14:38] Ms H S Boshoff moved without notice: That the Council – (1) (2) (3) (4) (5) (6) (7) notes with concern that Estralita School, a school for learners with special needs in Mashishing has not been fully functional since May 2022 due to members of NEHAWU striking due to allegations of racism at the school; further notes that due to this strike, the school principal was placed on unexplained leave on the recommendation of the Circuit Manager in Mashishing; further notes that a Task Team was appointed in 2022 to investigate these allegations as raised by NEHAWU, and to date no report with recommendations has been submitted to the SGB, leading to learners continually being denied proper access to education; further notes that on 29 May 2023 the school was permanently closed by members of the SGB and parents in unity with those staff members and learners who cannot work and provide learners with their constitutional right; further notes that to date no assistance has been provided to this school by the Mpumalanga Education Department nor has the MEC of Education in Mpumalanga intervened as requested by the DA; further notes that the DA is awaiting responses from the Minister of Education on questions submitted to her regarding the way forward on this matter; also notes that all staff members, including the principal, are sitting at home with full salary, not of their own doing, but due to NEHAWU prohibiting them from returning as so many want to; and (8) finally notes that the DA, again calls on the MEC of Education in Mpumalanga to urgently intervene in this matter to ensure the appointed Task Team provides the SGB with the MINUTES: NATIONAL COUNCIL OF PROVINCES NO 27 – 2023 A 72 [Tuesday, 20 June 2023 outcome of the report to allow learners, educators and staff to return to school to conduct their respective duties.
Motion agreed to in accordance with section 65 of the Constitution.

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[14:40] Ms N E Nkosi moved without notice: That the Council – (1) (2) (3) notes with utter dismay reports that the Barcelona Primary School in Etwatwa in Benoni has not been built despite the contract having been awarded in July 2018 and the contractor paid almost R11 million by 2020; further notes that the school, which has about 1 300 learners continues to battle overcrowding and unbearable learning conditions; and calls on the Gauteng Premier and MEC for Education to intervene to ensure that the building of the school resumes without any further delays and that where there is flagrant abuse of the country’s financial laws, those who are responsible are made to face the full might of the law.
Motion agreed to in accordance with section 65 of the Constitution.

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[14:43] Ms L N Moss moved without notice: That the Council – (1) (2) (3) notes with concern that two people have lost their lives following the flooding that took place in the Western Cape; further notes that parts of the province are still under water following days of torrential downpours coupled with harsh winds; calls on the government to assist the communities that are affected, with the necessary human relief; and (4) therefore, send our deepest condolences to the family and friends of the bereaved.
Motion agreed to in accordance with section 65 of the Constitution.

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FIRST ORDER [14:44] Consideration of South African Postbank Limited Amendment Bill [B12B - 2022] (National Assembly – sec 75) and Report of Select Committee on Public Enterprises and Communications thereon (Announcements, Tablings and Committee Reports, 7 June 2023, p 145).

Debate concluded.

Declaration of votes made on behalf of the Democratic Alliance and African National Congress.
Bill agreed to in accordance with section 75 of the Constitution.

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SECOND ORDER [15:02] MINUTES: NATIONAL COUNCIL OF PROVINCES NO 27 – 2023 Tuesday, 20 June 2023] A 73 Consideration of Financial Matters Amendment Bill [B 20B - 2022] (National Assembly – sec 75) and Report of Select Committee on Finance thereon (Announcements, Tablings and Committee Reports, 14 June 2023, p 54).

Debate concluded.

Bill agreed to in accordance with section 75 of the Constitution.

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THIRD ORDER [15:19] Consideration of Report of Select Committee on Land Reform, Environment, Mineral Resources and Energy (Announcements, Tablings and Committee Reports, 8 June 2023, p 5) Protocol for the Protection of the Marine and Coastal Environment of the Western Indian Ocean from Land-based Sources and Activities of the Nairobi Convention, 6 June 2023.

Debate concluded.

Question put: That the Report be agreed to.


IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.

Report accordingly agreed to in accordance with section 65 of the Constitution.

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FOURTH ORDER [15:19] Consideration of Report of Select Committee on Land Reform, Environment, Mineral Resources and Energy (Announcements, Tablings and Committee Reports, 8 June 2023, p 6) Accession to the Amended Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean (Nairobi Convention), 6 June 2023.

Debate concluded.

Question put: That the Report be agreed to.


IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.

Report accordingly agreed to in accordance with section 65 of the Constitution.

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FIFTH ORDER [15:26] Consideration of Report of Select Committee on Security and Justice (Announcements, Tablings and Committee Reports, 15 June 2023, p 85) Appointment of the National Council for Correctional Services (NCCS) in terms of Section 83(2)(h) of the Correctional Services Act 111 of 1998, referred to the Committee on 14 June 2023.

Debate concluded.

Question put: That the Report be agreed to.


MINUTES: NATIONAL COUNCIL OF PROVINCES NO 27 – 2023 A 74 [Tuesday, 20 June 2023 IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West.

AGAINST: Western Cape.

Report accordingly agreed to in accordance with section 65 of the Constitution.

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SIXTH ORDER [15:33] Policy debate on Budget Vote 5: Home Affairs, Appropriation Bill [B 3 – 2023] (National Assembly – sec 77).

Debate concluded.

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SEVENTH ORDER [17:13] Policy debate on Budget Vote 29: Agriculture, Land Reform and Rural Development, Appropriation Bill [B 3 – 2023] (National Assembly – sec 77).

Debate concluded.

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The Council adjourned at 20:10.

X GEORGE Secretary to Parliament MINUTES: NATIONAL COUNCIL OF PROVINCES NO 27 – 2023